Patna High CourtCR. MISC./56628/2015bail granted

Surendra Yadav v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56628 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -SANGRAMPUR District- MUNGER ====================================================== Surendra Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shree Niwas Singh, Adv For the Opposite Party/s : Mr. Smt. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

The prosecution case is that the Budhdeo Das, ExIncharge Headmaster and Secretary, Smt. Daya Devi had embezzled sum of Rs. 9,01,269/- as with regard to construction of School building and the chamber of the Head Master. In this regard, they withdrew sum of Rs. 13,83,000/- but got the work executed for sum of Rs. 2,67,881/-. It is alleged against the petitioner that he is only the supplier of construction materials for construction of school building and chamber of the Headmaster. It has been further submitted by learned counsel for the petitioner that, Budhdeo Das, Ex-Incharge Headmaster in Criminal

Miscellaneous No. 10722 of 2015 disposed of on 21.05.2015 and Secretary, Smt. Daya Devi and her husband Ram Pravesh Yadav, in Criminal Miscellaneous No. 24211 of 2015 disposed of on 03.09.2015 -, have been granted anticipatory bail on payment of sum of Rs. 20,000/-.

Considering the thrust of accusation and embezzlement of fund by the Ex Incharge Headmaster and Secretary of the School and the petitioner being simply supplier of building material, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Sangrampur P.S. Case No. 87/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U T